Please help us to repeal this unfair law: It cause the injustice, lack of presumption of innocence and defencelessness for men reported of false violence against women
Organic Law 1/2004 of Measures for the integral Protection Against Gender Violence (LIVG)
Spanish LIVG is a unfair and discriminatory law because:
1. It punishes as a crime any complaint of a woman against a man, and condemns more harshly the same offense by perpetrator´s sex assuming sexist cultural reasons that are not to be proven necessarily in each individual trial. Any outsider could indicate that there is not the required equality before the law when the same crime gets a harder punishment if committed by a man.
2. It does away with the presumption of innocence creating “de auteur” crimes by the fact that it is committed by a man. The declaration by female prosecution, without evidence, is sufficient. There are NO procedural guarantees and presumption of innocence is violated.
3. The complaint of abuse, however false, means the arrest of the defendant and the restraining order from his children, even without injury report or even if a medical report stating ABSENCE OF INJURIES exists.
This law neither has mean a decrease of the violence against women nor of deaths and, nevertheless, it commits an outrage against UNO Fundamental Human Rights and Spanish Constitution.
In the case of violence against women, Spain does present some indexes of the lowest in the whole E.U. and it occupies one of the lowest places within the citizens worries table, with an index in between 0,1 and 2,4%.
There are not reasons enough to apply extraordinary laws which might damage fundamental rights, especially if they produce counterproductive effects against men and women:
- it produces a situation of injustice and structural and institutional violence towards men, harassed by a legislation which “a priori” condemns him.
- it mines the credibility of real denounces out of what, at the end, authentic victims becomes harmed.
- it reduces funds in expenses and judicial structures which could be applied for helps to real violence cases.
- it does not turn out to be demonstrable that such a practice might have reduced the figures for violence against women. Because of the perversion of the system, they have increased, in addition, turning out to become impossible to know the real situation.
- Is not accomplished the fundamental human right for equality in between men and women.
State and European funds have been used in a fraudulent way and there are reports of the Accounting Court denouncing that just to pay economically to the juridical advisors of collectives presenting denunciations though they were false. There is an enormous percentage of false accusations. Unlike the social perception of Gender Violence, minimal as a problem, there exists a widespread social worry on the existence of false accusations and on the negative law discrimination towards male.
This abundance of false accusations is beneficial to demonstrate that there exists this problem on superlative measure and try to create social alarm but does not mean that will suppose an improvement on woman situation. Exists an statement in Spain to define this situation, “ Gender Violence Industry”. It arose when it became evident to society that the funds attainment to avoid and to reduce violence had marked an step forward towards “the manufacture of false violence” in order to obtain funds
It becomes of vital importance that sexist law might be withdrawn. It is a measure of positive discrimination which infringes on fundamental rights.That is the moment to eliminate it and normalize the situation.